Se aborda en particular su relectura de Aristóteles y Tomás de Aquino, junto con su análisis de algunas discusiones relevantes en las ciencias sociales. Según MacIntyre, el abandono del aristotelismo y su esquema teleológico de la investigación filosófica y de la razón práctica ha generado confusión e incoherencia en las articulaciones conceptuales de la filosofía moral moderna y contemporánea. En opinión de este autor, en el concepto de tradición el presente es considerado una reapropiación del pasado, lo que brinda coherencia (...) a las argumentaciones. A los fines de este trabajo se opta por una aproximación a medio camino entre una metodología analítica y una historia conceptual basada en el reconocimiento de distintas discusiones de las cuales se nutren los conceptos macinteryanos. Finalmente, se valoran las contribuciones de MacIntyre a la vez que se indican algunas limitaciones de su tesis. (shrink)

RESUMEN Se aborda en particular su relectura de Aristóteles y Tomás de Aquino, junto con su análisis de algunas discusiones relevantes en las ciencias sociales. Según Macintyre, el abandono del aristotelismo y su esquema teleológico de la investigación filosófica y de la razón práctica ha generado confusión e incoherencia en las articulaciones conceptuales de la filosofía moral moderna y contemporánea. En opinión de este autor, en el concepto de tradición el presente es considerado una reapropiación del pasado, lo que brinda (...) coherencia a las argumentaciones. A los fines de este trabajo se opta por una aproximación a medio camino entre una metodología analítica y una historia conceptual basada en el reconocimiento de distintas discusiones de las cuales se nutren los conceptos macinteryanos. Finalmente, se valoran las contribuciones de Macintyre a la vez que se indican algunas limitaciones de su tesis. ABSTRACT The article specifically addresses Macintyre's rereading of Aristotle and Thomas Aquinas, as well as his analysis of certain relevant discussions in the social sciences. According to the author, abandoning Aristotelianism and its teleological scheme of philosophical research and practical reason has generated confusion and incoherence in the conceptual formulations of modern and contemporary moral philosophy. In Macintyre's view, the concept of tradition considers the present as a reappropriation of the past, thus bringing coherence to argumentation. For purposes of this paper, we have adopted an approach that is halfway between analytical methodology and conceptual history, based on the acknowledgment of different discussions that nurture Macintyre's concepts. Finally, the article assesses the philosopher's contributions, while also pointing out some of the limitations of his thesis. (shrink)

This article examines the possible basis for legal liability of researchers who use the Internet in the collection of research data. In particular, it examines the potential legal issues associated with the protocols of ethnographers who use listserv, discussion board, blog, chat room and other sorts of web or Internet-based postings as the source of their data. The author assumes that the forum for participation is legitimate, in that the list, board, blog, chat, etc. is not created or otherwise concocted (...) by the researcher, but involves situations akin to off-line practices where a researcher would be listening to the conversation or watching the behavior of subjects in a public place. Since these practices do not involve direct interview or interaction with or treatment of "human subjects", much of the precedent involving negligence, informed consent, and related issues is not relevant; however, it is reviewed initially for guidance in suggesting the applicable, legal standards of conduct. This article does not discuss the use of the Internet as a collection device, e.g., in online surveys. Issues of legal harm arising from claims in negligence, privacy, and defamation for subsequent disseimination of such postings are evaluated. Although it is concluded that the likelihood for a success of such claims is small, analysis will include steps that researchers can take to ensure that such risk remains negligible. (shrink)

The article focuses on the role of civil society in the aggregate of causes that eventually brought about the collapse of the communist block and — in consequence — changed the global balance of power. The concept of ‘ethical civil society’ is introduced in explaining the path to democracy of former Soviet bloc countries. The article also explores cultural determinants of democratisation in Central and Eastern Europe after 1989; in particular the relation between religious confession and likelihood of democratic outcome (...) of post-communist transformation is examined. (shrink)

This article examines the pedagogic vision of audiovisual archives in Ici et ailleurs ( Here and Elsewhere, 1974/1978) (shot by Sonimage and drawn from the abandoned project Jusqu’à la Victoire [1970]) in terms of the stratification of images and sounds. Drawing on Gilles Deleuze and Michel Foucault, Tom Conley writes that a diagram that depends upon the division between the visible and the enunciable may be comprehended in terms of a map and as a line of forces. Such strata can (...) act as signposts for diverse and multilateral readings of film, as viewers “read” cinematic landscapes and time-images. In Ici et ailleurs, stratigraphic shots juxtapose the Western, static home life of a family in France with the nomadic life of Fedayeen troops in Jordan and Palestine. This article argues that Sonimage’s narrative specificity relies upon an “in-between” method that defines an inter-space between semantic orders. (shrink)

This paper aims at exploring the relationship between corporate wrongdoing and CEOs’careers. We hypothesize that the managerial labor market does not punish CEOs of companies involved with wrongdoing. The analysis of data on 16 companies charged by the SEC supports this hypothesis.

Credibility and reliability of counter-partners are the most important features required for the efficient functioning of financial markets. Violating these requirements is an important aspect of the operational risk, posed by the human factor – both internal (managers, employees) and external (customers, shareholders, competitors, supervisors). Therefore, having a limited impact on the behaviour of outside persons, the financial institutions formulate high standards towards their own personnel. It concerns formal qualifications and professional experience, as well as specific personality traits and appropriate (...) behaviour in various situations. These standards are specified in numerous recent ethics codes – documents formulating the socalled ‘corporate governance best practices’ in internal and external relations to other people. The aim of this paper is to draw attention to the fact that some of these standards generate in praxis a number of dilemmas or even conflict situations, when there appears a question of to what extent the application of a given rule does not breach other rules. Theoretically, corporate governance practices should be internally consistent. However, everyday experience brings such a multitude of real situations, diverse human characters or individual reactions that there appears a need for a sensible compromise between values of equal importance which, in some cases, prove contradicting. (shrink)

Law and ethics or a sense of professional responsibility are not always aligned. A characterization of the disconnect falls into one of two broad categories. At times, the law may not go far enough in achieving an ethical or professional response, at other times the law goes too far and forecloses a response based on ethical principles or professional responsibility. In the instance of the latter, ownership or control rights often conflict with other rights such as access to information, privacy, (...) or a general sense of free speech. Where the law does not go far enough an opportunity arises for gentle intervention through education and awareness-raising. The law can, however, be said to align with principles or responsibility, and while not perfect leads to a more harmonious and desirable response. Along these three characterizations the role of the information intermediary such as a library or school is examined. In addition, the characterization is assessed in three subject areas: copyright, privacy, and free speech. The discussion results in further opportunity for reflection on the purpose and role of law and preferred or professional responses. (shrink)

This paper discusses basic concepts and recentdevelopments in intellectual property ownership in theUnited States. Various philosophical arguments havepreviously been put forward to support the creation andmaintenance of intellectual property systems. However, in an age of information, access toinformation is a critical need and should beguaranteed for every citizen. Any right of controlover the information, adopted as an incentive toencourage creation and distribution of intellectualproperty, should be subservient to an overriding needto ensure access to the information. The principlesunderlying intellectual property regimes (...) in the UnitedStates recognize and embody this. In addition, thephilosophical/ethical dimensions of this debate couldalso be structured to support this attitude as well. Intellectual property is fast becoming digitalproperty. New technologies allow owners to extendtheir control of both legitimate uses and misuses ofthe intellectual property. Recent trends demonstratethat the access principle has not always beenparamount in judicial or legislative applications. Thetrend rather is to allow a proprietarianism factor todominate the analysis. Finally, several principles areforwarded which would assist adjudicators and policymakers in reaffirming the basic purpose of theintellectual property law, which is to benefit thepublic at large. (shrink)

We have identified a sample of 53 societies outside of the classical Himalayan and Marquesean area that permit polyandrous unions. Our goal is to broadly describe the demographic, social, marital, and economic characteristics of these societies and to evaluate some hypotheses of the causes of polyandry. We demonstrate that although polyandry is rare it is not as rare as commonly believed, is found worldwide, and is most common in egalitarian societies. We also argue that polyandry likely existed during early human (...) history and should be examined from an evolutionary perspective. Our analysis reveals that it may be a predictable response to a high operational sex ratio favoring males and may also be a response to high rates of male mortality and, possibly, male absenteeism. Other factors may contribute, but our within-polyandry sample limits analysis. (shrink)

Big Ideas for Little Kids includes everything a teacher, a parent, or a college student needs to teach philosophy to elementary school children from picture books. Written in a clear and accessible style, the book explains why it is important to allow young children access to philosophy during primary-school education. Wartenberg also gives advice on how to construct a "learner-centered" classroom, in which children discuss philosophical issues with one another as they respond to open-ended questions by saying whether they agree (...) or disagree with what others have said. (shrink)

The aim of this study is to explore how nurses perceive patient participations of patients over 75 years old undergoing hemodialysis treatment in dialysis units, and of their next of kin. Ten nurses told stories about what happened in the dialysis units. These stories were analyzed with critical discourse analysis. Three discursive practices are found: (1) the nurses’ power and control; (2) sharing power with the patient; and (3) transferring power to the next of kin. The first and the predominant (...) discursive practice can be explained with an ideology of paternalism, in which the nurses used biomedical explanations and the ethical principle of benefice to justify their actions. The second can be explained with an ideology of participation, in which the nurses used ethical narratives as a way to let the patients participate in the treatment. The third seemed to involve autonomous decision-making and the ethical principle of autonomy for the next of kin in the difficult end-of-life decisions. (shrink)

This article explores recent developments inthe regulation of Internet speech, inparticular, injurious or defamatory speech andthe impact the attempts at regulation arehaving on the `body' in the sense of theindividual person who speaks through the mediumof the Internet and upon those harmed by thatspeech. The article proceeds in threesections. First, a brief history of the legalattempts to regulate defamatory Internet speechin the United States is presented; a shortcomparative discussion of defamation law in theUK and Australia is included. As discussedbelow, this (...) regulation has altered thetraditional legal paradigm of responsibilityand, as a result, creates potential problems forthe future of unrestricted and even anonymousspeech on the Internet. Second, an ethicalassessment is made of the defamatory speechenvironment in order to determine which actorshave moral responsibility for the harm causedby defamatory speech. This moral assessment iscompared to the developing and anticipatedlegal paradigm to identify possible conformityof moral and legal tenants or to recognize theconflict between morality and law in assigningresponsibility to defamatory actors. Thisassessment then concludes with possiblesuggestions for changes in the legal climategoverning the regulation of defamatory speechon the Internet, as well as prediction of theresult should the legal climate continue todevelop on its present course. This is not tosuggest that all law, or even the law ofdefamation, be structured to reflect thesubjectivity of a moral construct, but since itis the authors position that the legalassignment of liability in online settings ismisaligned, this reflection can serve asbeginning reassessment of that assignment. (shrink)

The United States recognized intellectual property rights from its earliest days and included, in its constitution, a clause which expresses this, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." These few words found in Article 1, Section 8, Clause 8 have grown into a massive body of laws that govern works that were unimaginable to Thomas Jefferson and his contemporaries. Our question (...) today is very simple: is the latest metamorphosis of copyright law, the Digital Millennial Copyright Act of 1998, prudent policy? Specifically, we are concerned with three issues which critics have raised regarding this act: chilling effects on fair use, suppression of innovation, and overreach. We will also touch on the criticism which stresses that the DMCA further expands a system which increasingly and unfairly favors the content industries. This will be limited to illustrating extant tensions between copyright owners and society and also the difficulties law faces in keeping pace with the current, rapid and overwhelming technological and cultural change. We rely primarily on leading cases to establish the impact on fair use and innovation or to demonstrate over reach. (shrink)

В статье философия характеризуется на основе дискурсной парадигмы анализа: как текст, интеллектуальная деятельность и коммуникация. Характеризуются два равнозначных аспекта философского дискурса - когнитивный и коммуникативный. Обсуждается феномен философских контроверз, специфика философского спора, выразительные (знаковые) средства философского дискурса, роль мировоззренческого дискурса в современной общественно-политической ситуации в стране.

In Documents of Utopia: The Politics of Experimental Ethnography, Paolo Magagnoli has undertaken the complex task of linking different aesthetic contexts through a study of experimental documentary audiovisual projects, treating the work of contemporary artists such as Hito Steyerl, Joachim Koester, Tacite Dean, Matthew Buckingham, Zoe Leonard, Jean-Luc Moulène, Ilye and Emilie Kabakov, Jon Thompson and Alison Craighead, and Aniri Sala. In what follows, I wish to develop three critical arguments that I hope will illuminate the book's central claims. Magagnoli's (...) main goal is to understand how these artists' utopian vision has undergone a temporal shift that is more preoccupied with remembering the past than... (shrink)

As the National Information Infra- structure develops new avenues for information products and services will open. Creating, identifying and protecting the information market space is a critical component to the success of information product and service developments. As a result, the producers of those products and service seek to protect their proprietary interest in the underlying information. However, these actions have broader consequences: Attempts to extend legal protection to basic facts and other public domain information demonstrate that the public information (...) space is slowly being reduced. Reviewing several information controversies as case studies is fruitful. Not only for assessing current trends in information disputes (warfare) but can form the basis for establishing several predictors useful in determining when future information ownership controversies may develop and result in the loss of public information space. One set of predictors helps define the information controversy and is descriptive. The second set of predictors characterizes the marketplace environment. It provides further nuance to the economic factors that force information owners to seek legal remedy. Identifying instances where both models suggest a change in information rights or ownership is most likely to result in the critical loss of access to public information space. (shrink)

Because factory-farmed meat production inflicts gratuitous suffering upon animals and wreaks havoc on the environment, there are morally compelling reasons to become vegetarian. Yet industrial plant agriculture causes the death of many field animals, and this leads some to question whether consumers ought to get some of their protein from certain kinds of non factory-farmed meat. Donald Bruckner, for instance, boldly argues that the harm principle implies an obligation to collect and consume roadkill and that strict vegetarianism is thus immoral. (...) But this argument works only if the following claims are true: all humans have access to roadkill, roadkill would go to waste if those who happen upon it don’t themselves consume it, it’s impossible to harvest vegetables without killing animals, the animals who are killed in plant production are all-things-considered harmed by crop farming, and the best arguments for vegetarianism all endorse the harm principle. As I will argue in this paper, each claim is deeply problematic. Consequently, in most cases, humans ought to strictly eat plants and save the roadkill for cats. (shrink)

Objective To compare the perspectives of medical students in the preclinical and clinical phases of medical training on the issue of rationing scarce medical resources in times of crisis. Methods Questionnaire-based cross-sectional study. Results A total of 201 participants took part in the study, with 100 participants in the preclinical phase group, and 101 in the clinical phase group. A multivariable analysis found that just 14.9% (n = 34) of the clinical phase students were willing to give a short-supplied blood (...) unit to the first-arrived patient to the emergency department when more patients are expected compared to 63.9% in the preclinical group (n = 62) ( p < 0.001, OR = 0.75 95% CI: 0.029−0.192). Seventy-four percent (n = 74) of the clinical phase students were found to be willing to remove a patient from a respirator to allocate it to an ill child compared to 35.7% (n = 35) in the preclinical phase group ( p < 0.001, OR = 4.168 95% CI: 1.931−8.998). Of the clinical phase group, 46.6% (n = 41) were willing to allocate a short supplied flu medicine to a patient with poor prognosis compared to 57.7% (n = 56) in the preclinical phase group ( p = 0.04, OR = 0.457 95% CI: 0.216−0.966). Conclusion Clinical exposure during training may affect the way medical students make ethical decisions, independent of age, sex, as well as marital and parental status. (shrink)

A dialogue between a foreign philosopher and a powerful statesman outline Plato's reflections on the family, the status of women, property rights, and criminal law.

An adequate theory of rights ought to forbid the harming of animals to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible with recognizing the (...) inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

In recent discussions, it has been argued that a theory of animal rights is at odds with a liberal abortion policy. In response, Francione (1995) argues that the principles used in the animal rights discourse do not have implications for the abortion debate. I challenge Francione’s conclusion by illustrating that his own framework of animal rights, supplemented by a relational account of moral obligation, can address the moral issue of abortion. I first demonstrate that Francione’s animal rights position, which grounds (...) moral consideration in sentience, is committed to the claim that a sentient fetus has a right to life. I then illustrate that a fully developed account of animal rights that recognizes the special obligations humans have to assist animals when we cause them to be dependent and vulnerable through our voluntary actions or omissions is committed to the following: a woman also has a special obligation to assist a sentient fetus when she causes it to be dependent and vulnerable through her voluntary actions or omissions. From these considerations, it will become evident that a fully developed and consistent animal rights ethic does in fact have implications for the abortion discussion. (shrink)

In The Case for Animal Rights, Tom Regan argues that although all subjects-of-a-life have equal inherent value, there are often differences in the value of lives. According to Regan, lives that have the highest value are lives which have more possible sources of satisfaction. Regan claims that the highest source of satisfaction, which is available to only rational beings, is the satisfaction associated with thinking impartially about moral choices. Since rational beings can bring impartial reasons to bear on decision making, (...) Regan maintains that they have an additional possible source of satisfaction that nonrational beings do not have and, consequently, the lives of rational beings turn out to have greater value.. (shrink)